(HC) Knight v. Board of Parole Hearings

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE V. KNIGHT, No. 2:20-cv-0196 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS BOARD OF PAROLE HEARINGS, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is respondent’s motion to dismiss. ECF No. 11. For the reasons stated below, the motion should be granted. I. BACKGROUND Petitioner is serving an indeterminate prison term for murder. ECF No. 1 (petition) at 12. He challenges not his conviction or sentence, but the Board of Parole Hearings’ subsequent failure to set a release date. Although the petition itself does not clearly identify a specific Board determination that is at issue, respondent represents—and petitioner does not dispute—that petitioner was…